English courts have adopted a noninterventionist strategy that is usually viewed as ‘arbitration-friendly’. For instance, London is frequently regarded as the obvious location where English law will apply to a contract. In addition, London, which is also home to well-known arbitration organisations like the LCIA (London Court of International Arbitration) and CIArb (Chartered Institute of Arbitrators), has a sizeable pool of knowledgeable arbitrators, attorneys and experts. The developments in the coming year that we can anticipate are the inclusion of further provisions on the expedition and early determination of issues, virtual hearings and electronic communications, data security and regulatory compliance. With these trends, the popularity of both London and the LCIA will continue to thrive among arbitrating parties. How legitimate is the criticism in the framework of due process in international arbitration, which has recently focused on the question of the impartiality of partynominated arbitrators? Could you also provide some insight into the discussions and considerations that go into the selection of an arbitrator in domestic and international arbitrations? I believe there is an emerging emphasis on the impartiality of party-nominated arbitrators and a fair amount of criticism as well. The ‘independence and impartiality’ with respect to the conduct of international arbitrators is clearly reflected in the UNCITRAL Arbitration Rules, 2021. Arbitrators are mandated to declare their independence and impartiality in a dispute, and they can be challenged thereto if the contrary can be proved. There is a restriction on the nationality of the arbitrator being analogous to that of the party nominating the arbitrator. This is intended to pre-empt any statesponsored or national bias that may creep into the arbitral proceedings. Further, preliminary technical knowledge is paramount, especially in cases concerning arbitral disputes in sports, aviation, technology and space, maritime, the arts, etc. Effective safeguards may prevent national prejudice but an arbitral award wanting technical knowledge is rarely red-flagged, as the appointed arbitrators are presumed to have known the nuances of the matter. I propose that instead of determining a model clause that may function as a filter for a probable arbitrator in a potential dispute, the name of the specific arbitral institution itself may be proposed in the arbitral agreements or clauses. This, at the very least, provides a clear picture of the appointment procedure and may even expedite the same. You have completed your Advance LLM in Air and Space Law from Leiden University. What are some major emerging legal challenges in this field, and do you see a growth in terms of arbitration matters in these sectors? Even though I created a comprehensive 58 LAWYERMONTHLYNOVEMBER 2022
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